II 

118TH CONGRESS 

1ST SESSION S. 387 

To amend the Immigration and Nationality Act to authorize admission of 

Canadian retirees as long-term visitors for pleasure described in section 

101(a)(15)(B) of such Act, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 9, 2023 

Mr. RUBIO (for himself, Mr. SCOTT of Florida, Ms. SINEMA, and Mr. KELLY) 

introduced the following bill; which was read twice and referred to the 

Committee on Finance 

A BILL 

To amend the Immigration and Nationality Act to authorize 

admission of Canadian retirees as long-term visitors for 

pleasure described in section 101(a)(15)(B) of such Act, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Canadian Snowbirds 

5 Act of 2023’’. 


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•S 387 IS

1 SEC. 2. ADMISSION OF CANADIAN RETIREES. 

2 Section 214 of the Immigration and Nationality Act 

3 (8 U.S.C. 1184) is amended by adding at the end the fol4 lowing: 

5 ‘‘(s) CANADIAN RETIREES.— 

6 ‘‘(1) IN GENERAL.—The Secretary of Homeland 

7 Security may admit an alien as a visitor described 

8 in section 101(a)(15)(B) if the alien demonstrates, 

9 to the satisfaction of the Secretary, that the alien— 

10 ‘‘(A) is a citizen of Canada; 

11 ‘‘(B) is at least 50 years of age; 

12 ‘‘(C) maintains a residence in Canada; 

13 ‘‘(D) owns a residence in the United States 

14 or has signed a rental agreement for accom15 modations in the United States for the duration 

16 of the alien’s intended stay in the United 

17 States; 

18 ‘‘(E) is not inadmissible under section 212; 

19 ‘‘(F) is not deportable under section 237; 

20 ‘‘(G) is not otherwise removable under the 

21 immigration laws; 

22 ‘‘(H) will not engage in employment or 

23 labor for hire in the United States other than 

24 employment or labor for hire for a person or 

25 entity not based in the United States by whom 

26 the Canadian citizen was employed in Canada 


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1 or for whom the Canadian citizen performed 

2 services in Canada; and 

3 ‘‘(I) will not seek any form of assistance, 

4 benefit, or credit described in section 403(a) of 

5 the Personal Responsibility and Work Oppor6 tunity Reconciliation Act of 1996 (8 U.S.C. 

7 1613(a)) or sections 24(d), 32, 35, 36, and 36B 

8 of the Internal Revenue Code of 1986. 

9 ‘‘(2) SPOUSE.—The spouse of an alien de10 scribed in paragraph (1) may be admitted under the 

11 same terms as the principal alien if the spouse satis12 fies the requirements under paragraph (1) (other 

13 than subparagraph (D)). 

14 ‘‘(3) IMMIGRANT INTENT.—In determining eli15 gibility for admission under this subsection, mainte16 nance of a residence in the United States shall not 

17 be considered evidence of intent by the alien to 

18 abandon the alien’s residence in Canada. 

19 ‘‘(4) PERIOD OF ADMISSION.—During any sin20 gle 365-day period, an alien may be admitted under 

21 this subsection as a visitor for pleasure described in 

22 section 101(a)(15)(B) for a period not to exceed 240 

23 days, beginning on the date of admission. Time 

24 spent outside of the United States during such peVerDate Sep 11 2014 00:12 Feb 28, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S387.IS S387

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1 riod of admission shall not be counted for purposes 

2 of determining the termination date of such period. 

3 ‘‘(5) SECRETARY’S DISCRETION.—A decision by 

4 the Secretary of Homeland Security to withhold ad5 mission of an alien described in paragraph (1), or to 

6 withdraw an authorization of admission of such 

7 alien, shall be at the Secretary’s sole and 

8 unreviewable discretion under the immigration 

9 laws.’’. 

10 SEC. 3. NONRESIDENT ALIEN TAX STATUS. 

11 Section 7701(b)(1)(B) of the Internal Revenue Code 

12 of 1986 is amended to read as follows: 

13 ‘‘(B) NONRESIDENT ALIEN.—An individual 

14 is a nonresident alien if such individual— 

15 ‘‘(i) is not a citizen of the United 

16 States or a resident of the United States 

17 (as defined in subparagraph (A)), or 

18 ‘‘(ii) is a Canadian citizen described 

19 in section 214(s) of the Immigration and 

20 Nationality Act (8 U.S.C. 1184(s)).’’. 

Æ 


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